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\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G – 10B GENERAL ORDER RESCINDS: SUBJECT: Public Records Requests (Policies, Procedures and Fees) EFFECTIVE: April 15, 2009 REVISED: August 2, 2018 Table of Contents: I. Purpose II. Scope III. Governing Laws/Regulations IV. Definitions V. Discussion VI. Public Records Requests – Media VII. Use of Exempt Records by Agency Personnel VIII. Fee Schedules and Procedures IX. Retention Requirements for Public Records Requests I. PURPOSE: This directive establishes policies and procedures regarding the proper handling of and response to public records requests and establishing fees, in accordance with Florida law (see also Attorney General Opinion 2005- 28) for providing requested public records. II. SCOPE: A. This policy and the procedures set forth herein apply to all Sheriff’s Office personnel who in the daily course of business receive and process requests for public records held by the Sheriff’s Office. B. This policy does not cover which records within the Sheriff’s Office are subject to or exempt from public records law or exemptions, which pertain to certain records set forth in the Public Records Act. A thorough discussion of public records or parts thereof which may be exempt from disclosure, special considerations concerning juvenile records, and records storage/destruction are contained in the General Order Records Management. Questions that arise concerning public records should be directed to the custodian of the record in question or the Sheriff’s Office Chief Counsel. III. GOVERNING LAWS/REGULATIONS: A. Florida Laws: 1. Chapter 112.313(8), Florida Statutes: Misuse of Information Not Available to Public, 2. Chapter 119, Florida Statues: Public Records Law, 3. Section 119.07, Florida Statues: Fees for Duplication of Public Records, GENERAL ORDER Public Records Requests (Policies, Procedures and Fees) GO # 10B PAGE 1 OF 7\n\n--- Page 2 ---\n\n4. Section 945.10, Florida Statutes: Inmate Records, exemptions. B. Federal Regulation: Code of Federal Regulation (CFR), Section 28, Part 23: Criminal Intelligence Systems Operating Policies. C. Guidelines: Public Records – A Guide for Law Enforcement Agencies (Attorney General) D. Attorney General Opinions: 1. AGO 1980-57: Public record requests not required to be in writing. Information not required to be conveyed orally by telephone, in person or in writing by an employee. 2. AGO 1986-83: Sales tax not applicable to public records requests. 3. AGO 1990-81: Can agency charge less than fees prescribed by law. 4. AGO 1991-76: Requestor of records does not have to provide name, address or identifying information and does not have to fill out an agency prescribed form. 5. AGO 1992-38: Public Records, Fees 6. AGO 2000-11: Service charges imposed for inspection of records 7. AGO 2005-28: Deposits, Fees. Also retention requirements for copies made and recommendation that governmental agencies develop a public records request policy. E. Court Cases: 1. Tribune Company v. Cannela, 458 So. 2nd 1075, 1078-1079: Timeliness of fulfilling requests. 2. Times Publishing Company v. City of Clearwater, Supreme Court of Florida, Sept. 11, 2003; Personal information stored on government computers not a public record. Definition of what constitutes a public record; 3. Florida Institutional Legal Services v. Florida Department of Corrections, 579 So. 2nd 680 (1991); key case on extensive public records requests; 4. City of Miami Beach v. Public Employees Relation Commission, 937 So. 2nd 226 (Fla. 3rd DCA, 2006); a discussion regarding the assessment of special service charges and the applicability of public record fees; 5. Lozman v. City of Riviera Beach, 995 So. 2nd 1027 (Fla. 4th DCA 2008); Discussion regarding legality of requiring advance deposits; 6. State v. Gudinas No. CR 94-7132 (Fla 9th Cir. Ct. 1999) – Applicability of charging supervisory costs 7. Herskovitz v. Leon County, No. 98-22 (Fla. 2nd Cir. Ct. June 9, 1998) - Applicability of charging supervisory costs GENERAL ORDER Public Records Requests (Policies, Procedures and Fees) GO # 10B PAGE 2 OF 7\n\n--- Page 3 ---\n\n8. Malone v. Satellite Beach, No 94-10557-CA-D (Fla. 18th Cir Ct. December 15, 1995) - Deposits for Public Records Requests. 9. Board of County Commissioners of Highlands County v. Colby, (2nd DCA, 2008) - Defines “labor cost” as the base salary of an employee plus benefits. Also states that a special service charge is applicable to inspection of records as well as fulfilling public records requests and that deposits based upon estimated labor costs may be charged prior to fulfilling a “complex” or “extensive” public records request. IV. DEFINITIONS: A. Actual Cost of Duplication: The cost of material and supplies used to duplicate the record, but it does not include the labor cost or overhead cost associated with such duplication. B. Custodian of Public Records: The elected or appointed state, county, or municipal officer charged with the responsibility of maintaining the office having public records, or his or her designee. The term custodian for purposes of the Public Records Act refers to all agency personnel who have it within their power to release or communicate public records. However, the custodian of a record is further defined as the individual who has supervision and control over the document or have legal responsibility for its care, keeping or guardianship. C. Exemption: A provision of general law which provides that a specified record or meeting, or portion thereof, is not subject to the access requirements of Section 119.07(1), Florida Statutes, Section 286.011, Florida Statutes, or Article I, Section 24, State of Florida Constitution. D. Information Technology Resources: Data processing hardware and software and services, communications, supplies, personnel, facility resources, maintenance, and training. E. Public records: All documents, papers, letters, maps, books, tapes, photographs, video, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. F. Redact: To conceal from a copy of an original public record, or to conceal from an electronic image that is available for public viewing, that portion of the record containing exempt or confidential information. V. DISCUSSION: Florida law sets forth extensive guidance concerning the release of public records held by governmental agencies. Guidance is primarily codified in Chapter 119, Florida Statutes; however numerous sections of Florida Statutes also address the release/confidentiality of public records. Key aspects of public records law are as follows: A. It is the responsibility of all employees to understand the concept of the public records law and the contents of this policy and to expeditiously route public records requests to the proper custodian of the record(s) being requested. Since there are numerous exemptions to the public records law and GENERAL ORDER Public Records Requests (Policies, Procedures and Fees) GO # 10B PAGE 3 OF 7\n\n--- Page 4 ---\n\nnumerous changes to the law each legislative session, the determination as to whether a record or portion thereof is exempt and subject to disclosure or redaction should be made only by the Sheriff’s Office custodian of the record(s) in question. The record custodian, at his or her discretion may choose to consult with the Sheriff’s Chief Counsel as to the exempt status of a requested record or portion thereof. The Public Records Guide for Law Enforcement Agencies issued by the Attorney General’s Office is an excellent resource that should be kept on hand and utilized when necessary by all record custodians. B. In order to ensure requests for public information are directed to the proper record custodian and answered as expeditiously as possible, all incomi